Sumer Singh vs Union Of India And Ors
2023 Latest Caselaw 15488 P&H

                                                       Neutral Citation No:=2023:PHHC:118658


                                                         2023:PHHC:118658

CWP-6792-2023                                                                    -1-


       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH


211                                           CWP-6792-2023
                                              Date of Decision: 11.09.2023

Sumer Singh                                                         ...Petitioner


                                   Versus


Union of India & Others                                        ...Respondents


CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:-   Mr. Padamkant Dwivedi, Advocate for the petitioner
            Mr. Ankur Sharma, Senior Panel Counsel
            for Union of India-respondent Nos.1 & 2
            Mr. Deepanjay Sharma, DAG, Punjab
            ***
JAGMOHAN BANSAL, J. (Oral)

1. The petitioner, through instant petition under Articles

226/227 of the Constitution of India, is seeking issuance of his passport.

2. Mr. Ankur Sharma, learned counsel for respondent Nos.1 &

2, at the outset, submits that passport authority has already issued and

dispatched passport to the petitioner. He further submits that validity of

the passport is one year.

3. Learned counsel for the petitioner inter alia submits that

petitioner has been issued passport for only one year on the basis of

pendency of FIR No.0001 dated 03.01.2019 under Sections 323, 324,

452, 379, 148 & 149 of Indian Penal Code, 1860 registered at Police

Station Sarai Amanat Khan, District Tarn Taran. Two persons were

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Neutral Citation No:=2023:PHHC:118658

2023:PHHC:118658

named in the said FIR. The police after completing its investigation filed

cancellation report, however, the same was not accepted by the Trial

Court. The matter is pending before police for further investigation. The

petitioner has been issued passport for one year whereas co-accused has

been issued passport for 10 years. The petitioner cannot obtain Visa on

the basis of passport which is valid for only one year. The case of the

petitioner is squarely covered by judgment dated 14.07.2023 in Mohan

Lal @ Mohna Versus Union of India and Others; CWP-27167-2018,

passed by this Court.

4. Learned counsel for respondent Nos.1 and 2 submits that

passport authority would reconsider case of the petitioner and pass an

appropriate order within 6 weeks.

5. Learned counsel for the petitioner agrees to the aforesaid

arrangement.

6. In the wake of statements of learned counsels for the parties,

the present petition stands disposed of.

                                                    (JAGMOHAN BANSAL)
                                                          JUDGE
11.09.2023
Mohit Kumar
               Whether speaking/reasoned            Yes/No
               Whether reportable                   Yes/No

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